These HMO Kick-Start Accelerator Terms & Conditions (“Terms & Conditions”) shall apply to the provision of HMO Kick-Start Accelerator by The Wealth Platform Ltd known as The HMO Platform (“Us/We/Our”) to you, as Our client (“You/Your”) to the exclusion of any other terms and conditions. The Wealth Platform Ltd is a company registered in England and Wales with company number 15724771 and with its registered office at 1b Station Road, Birmingham, England, B14 7SR.

The HMO Kick-Start Accelerator is an online training programme. These Terms & Conditions apply to Your use of the HMO Kick-Start Accelerator for the time You are engaged with the HMO Kick-Start Accelerator and continuing for the period during which You continue to use Our Materials and the Portal and/or until we terminate Your right to use HMO Kick-Start Accelerator in accordance with clause 11.

1.     Definitions

Effective Date: means the date on which you purchase the Enrolment and agree to these Terms & Conditions.

Email Confirmation: the email from Us to You confirming Your Enrolment and providing You with information on how to access and use the HMO Kick-Start Accelerator.

Enrolment: the purchase by You of the right to join the HMO Kick-Start Accelerator, pursuant to clause 2, which entitles You to access and use HMO Kick-Start Accelerator and the Portal in accordance with these Terms & Conditions. \

Fees: means the fees payable by You to Us for use of HMO Kick-Start Accelerator, as applicable, as more particularly set out in the online checkout process.

Intellectual Property Rights: patents, utility models, source code materials, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

Our Materials: means all documentation, information and materials provided by Us in the provision of and relating to the HMO Kick-Start Accelerator, including but not limited to documentation, information and materials provided orally, in writing or electronic form and delivered by Us in discussions, meetings, coaching,
lectures, webinars, seminars and training sessions.

Personal Data: any personal data which We process in connection with Your Enrolment, including Your name and email address.

Portal: Our proprietary platform, which includes online software tools, provided by Us to You to be accessed and used as part of your Enrolment.

Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

2.   Ordering HMO Kick-Start Accelerator from Us

2.1.  Below, we set out how a legally binding contract between You and Us is made.

a)     You place an order on Our website (https://www.thehmoplatform.co.uk/) by clicking ‘Sign up now’ or ‘Get it now’ to Our offer for You to ‘Join HMO Kick-Start Accelerator Today’. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting Your order to Us;

b)     You submit Your billing details and will be asked to tick the box to confirm your agreement to these Terms & Conditions. If you agree You tick the box and click on the ‘continue’ button. You will then be taken to Our payment page and will be invited to insert Your payment details. You will then be asked again to tick the box to confirm your agreement to these Terms & Conditions.

c)     When You place Your order at the end of the online checkout process (eg when you click on the ‘submit payment’ button) You will be transferred to a page acknowledging Your order. This acknowledgement does not, however, mean that Your order has been accepted by Us.

d)     On rare occasions, We may contact you to say that We do not accept Your order, for example where We cannot authorise Your payment

e)     We will only accept Your order when We email you to confirm this (Confirmation Email). At this point:

(i)            a legally binding contract will be in place between You and Us; and

(ii)          We will provide the Enrolment as agreed during the online checkout process.  

3.   Licence for access to Portal

3.1.  In consideration of the Fees paid by You to Us, We hereby grant to You a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to use the Portal solely for Your personal use. For the avoidance of doubt, We may modify or withdraw the Portal at any time in our sole and absolute discretion.

3.2.  You undertake that You:

a)     will not allow Your access to the Portal to be used by anyone other than You; and

b)     shall keep a secure password for Your use of the Portal and shall keep such password confidential.

3.3.  You shall not access, store, distribute or transmit any Viruses, or any material during the course of Your use of the Portal that:

a)     is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

b)     facilitates illegal activity;

c)     depicts sexually explicit images;

d)     promotes unlawful violence;

e)     is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

f)      is otherwise illegal or causes damage or injury to any person or property;

and We reserve the right, without liability or prejudice to any other rights to You, to disable Your access to any material that breaches the provisions of this clause.

3.4.  You shall not:

a)     except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms & Conditions:

(i)   attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Portal (as applicable) in any form or media or by any means; or

(ii)  attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Portal; or

b)     access all or any part of the Portal order to build a portal or service which competes with HMO Kick-Start Accelerator; or

c)     use the Portal to provide services to third parties; or

d)     license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Portal available to any third party, or

e)     attempt to obtain, or assist third parties in obtaining, access to the Portal; or

f)      introduce or permit the introduction of, any Virus into Our network and information systems.

3.5.  You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Portal and, in the event of any such unauthorised access or use, promptly notify Us.

4.       Data Protection

4.1.  We agree to comply with all data protection laws and regulations that apply to the provision of HMO Kick-Start Accelerator.

4.2.  By accepting these Terms & Conditions, You consent to all actions taken by Us in connection with the processing of Personal Data, provided these are in compliance with the then-current version of Our privacy policy available at https://www.thehmoplatform.co.uk/privacy-policy (“Privacy Policy”). In the event of any inconsistency or conflict between the terms of the Privacy Policy and these Terms & Conditions, the Privacy Policy will take precedence.

5.       Our obligations

5.1.  Provided you have paid all sums due and have not otherwise breached these Terms & Conditions, We shall provide to You the services included in the HMO Kick-Start Accelerator subject to these Terms & Conditions. For the avoidance of doubt these services have been communicated to You before You place an order as set out in clause 2.  

5.2.  We agree to keep Our Materials as up to date as may be reasonably expected.  

5.3.  Whilst we will take reasonable steps to ensure access to Our Materials, or to some of Our Materials, are made available on the Portal, we do not warrant that these will be available at all times and cannot be liable for any temporary downtime.  

5.4.  We shall use reasonable endeavours to meet any performance dates provided in your Enrolment, but any such dates shall be estimates only and time shall not be of the essence for the performance of Our obligations as set out in these terms & conditions.  

5.5.  We shall have the right to make any changes to the HMO Kick-Start Accelerator which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the HMO Kick-Start Accelerator, or which We consider desirable or appropriate in connection with Your Enrolment. We will use reasonable endeavours to keep any such changes to a minimum.  

5.6.  Whilst we will use reasonable endeavours to provide face to face sessions and workshops where offered, we reserve the right to move such sessions to online if necessary, for example due to travel restrictions.

5.7.  In relation the Portal We:

a)       do not warrant that:

(i)    Your use will be uninterrupted or error-free; or

(ii)   any information obtained by You through Your use ofthe Portal, or by Your Enrolment generally, will meet Your requirements; or

(iii)  the Portal will be free from Viruses.

b)      are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of information over communications networks and facilities, including the internet, and You acknowledge that the Portal may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

6.     Your obligations

6.1.  You agree:

a)     to provide Us with all necessary co-operation in relation to Your use of HMO Kick-Start Accelerator;

b)     to conduct yourself in a professional and respectful manner towards Us and our other clients;

c)     to keep private and confidential any details and information relating to Our other clients that may come into your possession during Your use of HMO Kick-Start Accelerator;

d)     not to use HMO Kick-Start Accelerator, including the Portal, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms &
Conditions;

e)     to ensure that Your network and systems comply with the relevant specifications provided by Us from time to time; and

f)      to be, to the extent permitted by law and except as otherwise expressly provided in these Terms & Conditions, solely responsible for procuring, maintaining and securing Your network connections and telecommunications links from Your systems to Our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Your network connections or telecommunications links or caused by the internet.

7.     Fees

7.1.  You shall pay the Fees as set out in the online checkout process and in accordance with this clause 8.

7.2.  Fees are to be paid up front. Your order, as set out in clause 2.1, will not be accepted if you do not pay the Fees.

7.3.  All amounts and Fees stated or referred to in these Terms & Conditions:

a)   shall be payable in pounds sterling;

b)   are, subject to clause 8 or 9, and any breach of the terms of these Terms & Conditions by Us, non-cancellable and non-refundable;

c)   are exclusive of value added tax, which shall be added to the Fees at the appropriate rate.

8.     Cancellation

8.1.  As You purchased Your Enrolment online You have a legal right to change your mind before accessing the Portal or using any services offered as part of HMO Kick-Start Accelerator.

8.2.  You have 14 days after the date of Your Email Confirmation to change your mind about Your Enrolment, but you lose this right when you use your log in and password to access the Portal or commence using any services offered as part of HMO Kick-Start Accelerator

8.3.  To exercise Your right to cancel please contact Us by emailing team@thehmoplatform.co.uk, or contacting us via the helpdesk directly on the Portal. We will refund to You any Fees already paid as soon as possible and within 14 days of You telling us You've changed Your mind. We will process a refund for the full Fees paid to the original payment method.

9.     Money Back Guarantee

9.1.      We are specialists in Next Level HMO® and coliving developments and are confident that You will be satisfied with your Enrolment to HMO Kick-Start Accelerator. If, for any reason, you are not happy, we offer a money-back guarantee.

9.2.      In order to be eligible for our money-back guarantee you will need to:-

a)     have followed and fully complied with all systems and processes, using the tools provided, as communicated to you during your use of the HMO Kick-Start Accelerator and ;

b)     be able to provide documentary proof that you have complied with clause 9.2(a) above;

c)     made an offer to purchase on at least thirty (30) qualifying properties within the 8 week programme; and

d)     have not had any offers accepted.

9.3.      To access this 30-day money-back guarantee, You simply need to contact us by emailing team@thehmoplatform.co.uk, or contact us via the helpdesk directly on the Portal and We will process a refund for the full Fees paid to the original payment method.

10.  Intellectual Property Rights

10.1.   You acknowledge and agree that We and/or its licensors own all Intellectual Property Rights in HMO Kick-Start Accelerator and the Portal. Except as expressly stated herein, these Terms & Conditions do not grant You any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of HMO Kick-Start Accelerator or the Portal.

10.2.   We confirm that We have all the rights in relation to the HMO Kick-Start Accelerator and the Portal.that are necessary to grant all the rights We purport to grant under, and in accordance with, these Terms & Conditions.

10.3.   All Intellectual Property Rights in Our Materials shall remain owned by Us at all times.

10.4.   You may not reproduce or share any part (or all) of Our Materials with third parties, whether for monetary gain or otherwise.

10.5.   As part of Your use of HMO Kick-Start Accelerator, if You upload or post content to any social media group or social networking group, which is recommended by Us or linked to Us, You grant to Us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with HMO Kick-Start Accelerator and across different media including to promote Our services generally.

10.6.   As part of Your use of HMO Kick-Start Accelerator, if You attend an online or face-to-face session We reserve the right to photograph or record the session. You agree to waive all rights to any such images or recordings and these will remain Our property to be used at our discretion for business development, marketing or other purposes.

11.  Termination

11.1.   We may terminate Your use of HMO Kick-Start Accelerator immediately by written notice to you:

a)      if you commit a material or persistent breach of these Terms & Conditions which you fail to remedy (if remediable) within seven (7) days after the service of written notice requiring you to do so; or

b)      if you fail to make any payment under theseTerms & Conditions when due.

11.2.   On termination of Your use of HMO Kick-Start Accelerator for any reason:

a)      Any Fees owed to Us by You will become due immediately. All Fees already paid by You to Us are non-refundable unless We have breached these Terms & Conditions in any way or clauses 8 or 9 apply; and

b)      all right and licences granted under these Terms & Conditions shall immediately terminate and You shall immediately cease all use of HMO Kick-Start Accelerator and the Portal.

11.3.   Any provision of these Terms & Conditions that expressly or by implication is intended to have effect after termination shall continue in full force and effect.

12.  Limitation of liability

12.1.   Any information, mentoring, coaching or guidance provided as part of HMO Kick-Start Accelerator whether by Us or Our representatives is intended to be for educational purposes only and is not intended to constitute financial or legal advice.

12.2.   You acknowledge that HMO Kick-Start Accelerator has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that HMO Kick-Start Accelerator meets your requirements.

12.3.   We give no guarantees or warranties, expressed or implied, about any results to be achieved following use of HMO Kick-Start Accelerator.

12.4.   In implementing any skills acquired as part of the Your use of HMO Kick-Start Accelerator, You agree to take sole responsibility for Your decisions and You should seek such advice as you may require from qualified professional advisers.

12.5.   You acknowledge that You have not relied on any statement, promise or representation made or given by Us or by Our representatives.

12.6.   To the maximum extent permitted by law, any contractual terms and warranties ordinarily implied by statute or otherwise are excluded.

12.7.   We are only responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms & Conditions or Our negligence up to the total Fees paid by You for the HMO Kick-Start Accelerator. We are not responsible for any unforeseeable loss or damage, including any damage you may suffer as a result of failing to seek competent advice from a professional.

12.8.   To the maximum extent permitted by law, We will not be liable for any indirect, special, or consequential loss, damage, expense, cost, loss of income, business, data, goodwill or profits.

12.9.   Nothing in these Terms & Conditions seeks to exclude any liability for death or personal injury caused by Our negligence or any fraudulent misrepresentation.

13.  Miscellaneous

13.1.   Force Majeure. Neither party shall be in breach of these Terms & Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms & Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly.

13.2.   Variation. No variation of these Terms & Conditions shall be effective unless it is in writing.

13.3.   Waiver. A waiver of any right or remedy under these Terms & Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms & Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

13.4.   Severance. If any provision or part-provision of these Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms & Conditions. If any provision or part-provision of these Terms & Conditions is deemed deleted under this clause 13.4, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

13.5.   Third party rights. These Terms & Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms & Conditions.

13.6.   Governing law. These Terms & Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

13.7.   Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms & Conditions or its subject matter or formation.